Retirement, Disability or Death Sample Clauses

Retirement, Disability or Death. 1. The Employment Term and Executive’s employment hereunder shall terminate upon Executive’s Retirement, Disability or Death; provided, however, that if Executive retires under circumstances that would constitute “Good Reason”, Executive shall be deemed to have terminated for “Good Reason” and be entitled to the applicable rights and benefits provided in this agreement. 2. Upon termination of Executive’s employment hereunder for either Retirement, Disability or Death, then Executive or Executive’s estate (as the case may be) shall be entitled to receive the following: a. The Accrued Rights (refer to Section II.A); and b. A prorated portion of the Targeted STIC for the current Fiscal Year, prorated based on the percentage of the current Fiscal Year that shall have elapsed through the date of termination; and c. With respect to any outstanding equity-based awards, whether “time-based” or “performance-based” vesting (including, but not limited to, any unvested options, restricted stock, restricted stock units, and performance share units) such outstanding awards shall immediately vest; and d. In the event of termination for Disability or Death, an amount, paid on the first business day of each month, equal to 100% of the applicable monthly COBRA premium under the Company’s group health plan, continued for the lesser of (i) twelve (12) months or (ii) until such COBRA coverage for Executive terminates.

Retirement, Disability or Death. (1) Notwithstanding the foregoing, in the event that the Grantee’s Service terminates prior to the Vesting Date as a result of the Grantee’s (i) Retirement, (ii) Disability, or (iii) death and such death occurs with less than or equal to twelve months remaining in the Performance Period, then the Grantee (or the Grantee’s beneficiary or estate in the case of the Grantee’s death) shall vest in a pro rata portion of the Performance Share Units, based on the actual performance results for the Performance Period. Such pro rata portion of the Performance Share Units shall be determined by multiplying the number of Performance Share Units earned based on actual performance by a fraction, where the numerator shall equal the number of calendar months (including partial calendar months) that have elapsed from the Grant Date through the date of the Grantee’s termination of Service, and the denominator shall be the number of calendar months (including partial calendar months) that have elapsed between the Grant Date and the Vesting Date. (2) If the Grantee terminates Service due to death prior to the Vesting Date and with more than 12 months remaining in the Performance Period, then the Grantee’s beneficiary or estate shall vest, on the date of termination, in a pro rata portion of the target Performance Share Units. Such pro rata portion of the Performance Share Units shall be determined by multiplying the number of target Performance Share Units by a fraction, where the numerator shall equal the number of calendar months (including partial calendar months) that have elapsed from the Grant Date through the date of the Grantee’s termination of Service, and the denominator shall be the number of calendar months (including partial calendar months) that have elapsed between the Grant Date and the Vesting Date.

Retirement, Disability or Death. Those nurses hired before August 1, 25 1999 who at the time of retirement, are fully qualified to receive Oregon Public 26 Employees Retirement System (PERS) benefits shall have the option to receive 27 payment of up to three-fourths (3/4) of their accumulated sick leave in cash, and 28 their remaining accumulated sick leave shall be used to calculate their final average 29 salary for retirement benefits by PERS in accordance with the provisions of any 30 applicable statues. 32 Nurses hired on or after August 1, 1999 shall have the option to receive payment of 33 up to one-half (½) of their accumulated sick leave in cash, and their remaining 2 retirement benefits by PERS in accordance with the provisions of any applicable 3 statues. 5 In case of an employee's death or permanent disability, the nurse or his/her 6 designated beneficiary shall receive full payment for all accrued sick leave.

Retirement, Disability or Death. Subject to Section 6 of this Schedule C, if your employment with Avient or a Subsidiary terminates prior to the Payment Date due to (a) retirement at age 55 or older with at least 10 years of service, (b) retirement at age 58 or older with at least 5 years of service, (c) permanent and total disability (as defined under the relevant disability plan or program of Avient or a Subsidiary in which you then participate), or (d) death, Avient shall pay to you or your executor or administrator, as the case may be, on the Payment Date, the sum of: (i) the actual number of Performance Units earned as of the Payment Date pursuant to Section 2 of this Schedule C with respect to each Performance Period for the entirety of which you were employed by Avient or a Subsidiary; and (ii) the product of (A) the actual number of Performance Units you would have earned as of the Payment Date pursuant to Section 2 of this Schedule C with respect to each Performance Period had you remained in the continuous employ of Avient or a Subsidiary for the entirety of such Performance Periods, multiplied by (B) a fraction, the numerator of which is the number of days during each Performance Period commencing on the first day of such Performance Period and extending through the date of your termination pursuant to one of the events described in Section 4(a), (b), (c) or (d) above, and the denominator of which is 365 (for Performance Period #1 and/or #2, as applicable), 366 (for Performance Period #3) and 1,096 (for Performance Period #4).

Retirement, Disability or Death. If your employment with PolyOne or a Subsidiary terminates before the expiration of the SARs due to (1) retirement at age 55 or older with at least 10 years of service or retirement under other circumstances entitling you to receive benefits under one of PolyOne’s (including its predecessors) defined benefit pension plans, (2) permanent and total disability (as defined under the relevant disability plan or program of PolyOne or a Subsidiary in which you then participate) or (3) death, then: (a) any SARs that are vested at the time of termination of employment as provided in Section 1(a) above may be exercised in whole or in part (subject to the proviso in Section 1(a) above) for the shorter of (i) a period of three years after your termination of employment or (ii) the remainder of their term, but in no event beyond [DATE], after which such SARs will terminate; and (b) If any SARs become vested as provided in Section 1(a) above within the three year period following your termination of employment, you will be entitled to exercise, in whole or in part (subject to the proviso in Section 1(a) above), a number of SARs equal to the number of SARs that vest in such three-year period, provided that such number shall be pro-rated based on the portion of time you were employed by PolyOne during the period of [DATE] through [DATE] and provided that you shall be entitled to exercise such SARs for the shorter of (i) a period of three years after your termination of employment and (ii) the remainder of their term, but in no event beyond [DATE], after which such SARs will terminate.

Retirement, Disability or Death. If Grantee’s employment is terminated with the Company on account of Retirement, Disability (as defined in the Plan) or death, the Restricted Shares shall be 100% vested on the date of Grantee’s Retirement, Disability or death.

Retirement, Disability or Death. (a) If your employment with Avient or a Subsidiary terminates before the expiration of the SARs due to (i) retirement at age 55 or older with at least 10 years of service, (ii) retirement at age 58 or older with at least 5 years of service, (iii) permanent and total disability (as defined under the relevant disability plan or program of Avient or a Subsidiary in which you then participate) or (iv) death, then a pro-rata portion of the number of SARs for which the Performance-Vesting Hurdles have been satisfied on or prior to the date of the termination of your employment, but for which the Time-Vesting Hurdles have not been satisfied on or prior to the date of the termination of your employment (such number, the “Special Vested SARs”), shall vest upon such termination and may be exercised in whole or in part prior to the end of their term, but in no event beyond February [_], 2034, after which, subject to Section 1(d) of this Schedule A, such Special Vested SARs will terminate. Each pro-rata portion of a Tranche that vests in accordance with this Section 3(a) of this Schedule A shall be determined by calculating the product of (A) the Special Vested SARs for such Tranche, multiplied by (B) a fraction, the numerator of which is the number of days that you were employed by Avient or a Subsidiary during the period commencing on February [_], 2024 and continuing through the date of your termination pursuant to one of the events described in Section 3(a)(i), (ii), (iii) or (iv) above, and the denominator of which is 366 (for Tranche I Time-Vesting Hurdle), 731 (for Tranche II Time-Vesting Hurdle) and 1,096 (for Tranche III Time-Vesting Hurdle); provided that if the numerator exceeds the denominator for any such Tranche, the applicable fraction shall be one. (b) All SARs that have become vested under Section 1 of this Schedule A as of the time of the termination of your employment due to retirement, disability or death, but have not been exercised as of the time of the termination of your employment, may be exercised in whole or in part for the remainder of their term, but in no event beyond February [_], 2034, after which, subject to Section 1(d) of this Schedule A, such SARs will terminate.

Retirement, Disability or Death. If the Employee's employment is terminated due to retirement or disability, or in the event of the Employee's death while still employed, no severance benefits under this Agreement shall be paid, regardless of any occurrence of a Change of Control. If, in the judgment of the Board, the Employee shall become physically or mentally incapacitated and as a result thereof shall become unable to continue the proper performance of the Employee's duties (reasonable absences because of such incapacity for up to one hundred and eighty (180) consecutive days excepted), or if the Employee retires or is deceased while employed by the Company, this Agreement shall thereupon cease and terminate.

Retirement, Disability or Death. If the employment of the Participant is terminated as the result of the Participant’s Retirement from the Company when the Participant is eligible for an immediate benefit under a Company sponsored defined benefit retirement plan and the Participant’s age plus years of service on the date of retirement are equal to at least eighty (80); or as a result of the Disability of the Participant as defined in the Plan; or upon the death of the Participant, the Option shall become immediately and fully exercisable. The Participant (or a deceased Participant’s legal representative or beneficiary) may exercise the Option at any time within three years after such retirement, Disability, or death.